Borough of Phoenixville, PA
Chester County
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§ 26-301 Rates, Rules and Regulations Established.

[Ord. 5/29/1931, § 1; as amended by Ord. 1026, 5/3/1966]
The rates, rules and regulations of the Water Department of the Borough of Phoenixville, Pennsylvania, be and hereby are established as follows, effective May 1, 1966.

§ 26-302 Definitions.

[Ord. 1629, 8/14/1990, § 1; as amended by Ord. 1636, 11/13/1990, § 1]
1. 
The following are definitions for terms used throughout this Part:
COMMERCIAL-INDUSTRIAL FACILITY
A facility used or designed for an activity carried on primarily for financial gain including, but not limited to, retail business, restaurants, recreational facilities, professional and service offices, social clubs and halls, manufacturing businesses, businesses involved in the production of a commodity or article, factories and any other use which is not included within one of the other definitions in this Part.
CUSTOMER
The legal owner of the property served or the person(s) or entity (e.g., a tenant) who is designated, on the Borough's billing records, as the party responsible for or to receive the bill for service.
CUSTOMER'S SERVICE LINE
The service connection from the curb cock, excluding the curb cock and curb box, which is the property of the customer.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters.
INSTITUTIONAL FACILITY
A facility used or designed for use by a nonprofit organization (e.g., a church).
MULTIFAMILY DWELLING
A dwelling containing more than one dwelling unit including, but not limited to, hotels, boardinghouses, apartment houses, etc.
RESPONSIBLE PARTY
The legal owner(s) of the property served and any customer, other than such owner, who has received the service (e.g., a tenant) and any other party who can be held responsible, pursuant to any applicable law, for any obligation under this Part.
SINGLE-FAMILY DWELLING
A residential building containing one dwelling unit with a customer's service line used only by the dwelling.
WATER/SEWER DEPARTMENT'S SERVICE LINE
The service line running from the main, including the curb cock and curb box, which is the property of the Water/Sewer Department of the Borough of Phoenixville.
2. 
The determination of the Water Department of the Borough of Phoenixville as to what constitutes a commercial-industrial facility, a multifamily dwelling, a single-family dwelling or an institutional facility is final.

§ 26-303 Rates, Regulations and Charges for Metered Customers.

[Ord. 5/29/1931, § 2; as amended by Ord. 5/22/1962C, § 1; by Ord. 979, 12/8/1964, § 1; by Ord. 1026, 5/3/1966; by Ord. 1076, 9/17/1968, § 1; by Ord. 1089, 2/18/1969, § 1; by Ord. 1134, 12/15/1970; by Ord. 1165, 12/12/1972, § 1; by Ord. 1208, 4/15/1975, § 1; by Ord. 1223, 6/30/1976, § 1; by Ord. 1340, 8/15/1978, § 1; by Ord. 1470, 6/14/1983; by Ord. 1539, 12/9/1986, § 1; by Ord. 1617, 1/11/1990, § 1; by Ord. 1644, 3/27/1991, § 1; by Ord. 1658, 12/30/1991, § 1; by Ord. 1693, 1/1/1993, §§ 1-2; by Ord. 1969, 3/11/2003, § 1; by Ord. 2066, 2/14/2006; and by Ord. 2113, 12/20/2007, § 1]
1. 
Water rates and charges for all metered customers shall be as follows:
A. 
For customers outside the Borough, billing shall be in accordance with the tariffs and rates established pursuant to Pennsylvania Public Utility Commission regulations.
B. 
For all water customers inside the Borough:
(1) 
$4.22 per 1,000 gallons of metered service.
(2) 
This in Borough service rate shall be effective for all water supplied to each such service after the service's first meter reading in March 2003 (Until this rate is effective the prior rate shall apply.) Effective for all in Borough metered service beginning with the first meter reading in December 2003 and in each following December, the rates established in this Section shall be increased to reflect any increase in the most current annual U.S. Bureau of Labor Consumer Price Index east small city urban (A decrease in the index shall not decrease the rate.), unless the Borough Council shall approve by motion or resolution, from time to time, a greater or lesser annual increase or no annual increase in its discretion.
C. 
The discount set forth in § 26-307 of this Part shall not apply to metered service rates. These rates and the provisions of § 26-308 of this Part shall take effect as to each customer account beginning with the first billing period for such account that commences on or after December 1, 1993, and shall apply to all subsequent billing periods.
2. 
Minimum Meter Charges. Each customer shall pay the rate per gallon for all water used, unless the charge for water used, in the quarter, based on the per-gallon rate, is less than the following applicable minimum, in which case the customer shall pay the minimum charge (which is based on the identified minimum usage) for the quarter:
A. 
Inside Borough.
Premises Having:
Minimum Charge
Minimum Usage
(gallons)
3/4-inch meter
$44.13
12,500
1-inch meter
$66.20
18,753
1 1/4-inch meter
$88.25
25,000
1 1/2-inch meter
$110.32
31,253
2-inch meter
$176.50
50,000
3-inch meter
$353.00
100,000
4-inch meter
$551.57
156,253
6-inch meter
$1,103.30
312,600
8-inch meter
$1,765.00
500,000
B. 
Outside Borough.
Premises Having:
Minimum Charge Per Quarter
3/4-inch meter
$26.06
1-inch meter
$39.10
1 1/4-inch meter
$52.12
1 1/2-inch meter
$65.16
2-inch meter
$104.25
3-inch meter
$208.49
4-inch meter
$325.78
6-inch meter
$651.54
8-inch meter
$1,042.47

§ 26-304 Properties to be Metered.

[Ord. 5/29/1931, § 3; as amended by Ord. 1026, 5/3/1966; by Ord. 1077, 10/15/1968, § 1; by Ord. 1230, 8/10/1976; and by Ord. 1514, 8/13/1985, § 1]
The Borough may, at the discretion of the Council, require any consumer to place a meter on the premises for the service of such consumer. Customers outside the limits of the Borough of Phoenixville may, upon their request, have meters installed on their premises.

§ 26-305 Quarterly Flat Rates Per Dwelling Unit.

[Ord. 5/29/1931, § 4; as amended by Ord. 5/3/1933, § 1; by Ord. 8/7/1951, § 4; by Ord. 1026, 5/3/1966; by Ord. 1076, 9/17/1968, § 2; by Ord. 1089, 2/18/1969, § 2; by Ord. 1165, 12/12/1972, § 2; by Ord. 1208, 4/15/1975, § 2; by Ord. 1223, 6/30/1976, § 2; by Ord. 1340, 8/15/1978, § 2; by Ord. 1413, 3/10/1981; by Ord. 1448, 8/10/1982, § 2; by Ord. 1470, 6/14/1983, § 2; by Ord. 1539, 12/9/1986, § 2; by Ord. 1617, 1/11/1990, § 2; by Ord. 1644, 3/27/1991, § 2; by Ord. 1650, 8/13/1991, § 1; by Ord. 1658, 12/30/1991, § 1; by Ord. 1969, 3/11/2003; by Ord. 2066, 2/14/2006; and by Ord. 2113, 12/20/2007, § 2]
The following flat rates shall be charged per quarter for all nonmetered water service:
Inside Borough
Outside Borough
Residential (per dwelling unit)
$88.63
$51.57
Commercial (per dwelling unit)
$129.34
$61.54
The quarterly flat rate for each nonmetered in-Borough service shall be effective for all water supplied to such service after the service's first meter reading in March 2003. (Until this rate is effective the prior rate shall apply.) Effective for all Borough nonmetered flat rate service beginning December 1, 2003, and each December 1 thereafter, the rates established in this Section shall be increased to reflect any increase in the most current annual U.S. Bureau of Labor Consumer Price Index east small city urban (A decrease in the index shall not decrease any rate.), unless the Borough Council shall approve by motion or resolution, from time to time, a greater or lesser annual increase or no annual increase in its discretion.

§ 26-306 Private, Municipal and Public Fire Protection Services.

[Ord. 5/29/1931; as added by A.O.]
There shall be an annual charge for nonmetered service to private, municipal and public fire protection facilities (fire hydrants and/or sprinkler systems), payable each January, without discount, as follows:
Inside Borough
Outside Borough
Each fire hydrant
$288.15
$181.75
Sprinkler system fed by lateral
Less than 8 inches
$217.81
8 inches
$288.15
$181.75
10 inches
$432.26
$272.63
12 inches
$650.43
$410.24
16 inches
$1,152.67
$727.00

§ 26-307 Water Rate Discount for Senior Citizens.

[Ord. 1346, 12/28/1978, § 1; as amended by Ord. 1617, 1/11/1990, § 2; and by Ord. 1663, 2/25/1992]
The water rates established by § 26-303 for metered use only shall be reduced by 10% for each dwelling unit located in the Borough and occupied by a person who is 65 years old or older who is an owner of the dwelling. This reduced water rate shall be applicable for each water bill due for such dwelling after the owner of the dwelling establishes to the Borough qualifications for the reduced rate, and the reduced rate shall continue for so long as such qualification continues. It is the duty of the owner of the dwelling to advise the Borough promptly, in writing, when qualification for this senior citizen discount ceases.

§ 26-308 Administrative Charge and Minimum Billing.

[A.O.]
1. 
Each and every customer account, in addition to the charges under § 26-303 of this Part, shall pay a separate administrative charge of $5.18 as part of each water service bill for each billing period.
2. 
The total water service bill, including rates under § 26-303 of this Part and the administrative charge, shall never be less than $10 for any customer's bill for any billing cycle.
3. 
The charges established by this Part shall take effect as to each customer account beginning with the first billing period for such account that commences on or after December 1, 1993, and shall apply to all subsequent billing periods.

§ 26-309 Rules and Regulations.

[Ord. 5/29/1931, § 5; as amended by Ord. 8/7/1951, §§ 1-3; by Ord. 5/22/1962, § 2; by Ord. 1026, 5/3/1966; by Ord. 1076, 9/17/1968, § 3; by Ord. 1077, 10/15/1968, §§ 2-4; by Ord. 1136, 3/9/1971, §§ 1-2; by Ord. 1165, 12/12/1972; § 3; by Ord. 1208, 4/15/1975, § 3; by Ord. 1223, 6/30/1976, § 4; by Ord. 1356, 6/12/1979, § 1; by Ord. 1386, 6/10/1980, § 4; by Ord. 1438, 4/13/1982, § 4; by Ord. 1444, 6/15/1982; by Ord. 1513, 8/13/1985, § 11; by Ord. 1629, 8/14/1990, §§ 2-3; by Ord. 1636, 11/13/1990, § 2; by Ord. 1689, 10/13/1992; by Ord. 1708, 10/12/1993, §§ 1-2; by Ord. 1732, 7/12/1994; and by Ord. 1742, 11/15/1994]
1. 
Rules and Regulations. The following rules and regulations are hereby fixed and established and shall constitute a part of the contract with all consumers of the water of the municipal plan of the Borough of Phoenixville:
A. 
Billing Cycle and Due Date. All owner-occupied single-family dwellings and institutional facilities shall be billed quarterly. All tenant-occupied single-family dwellings, multifamily dwellings and commercial-industrial facilities shall be billed monthly. Water/sewer bills are to be paid within 20 days after the date they are prepared; the billing date and due date are shown on the bill. The bill shall be issued (by mail or other delivery) to the customer promptly after it is prepared. Amounts not paid by the due date are delinquent. Failure to receive a bill shall not excuse late payment, and interest on the delinquent amount will be assessed and the property will be subject to lien and shutoff of service to the same extent as if the bill was received by the customer. If the customer does not receive a bill pursuant to the regular billing cycle, it is the customer's obligation to contact the Boroughs billing department for a new bill and/or to arrange for payment.
B. 
Interest on Delinquent Balances. Interest at the rate of 10% per annum, calculated daily, shall be charged on the total delinquent balance of each account. The total delinquent balance shall include all amounts delinquent including, but not limited to, service rates, fees and charges.
C. 
Responsible Party. The responsible party shall be obligated to the Borough for all charges, fees, costs, penalties and interest imposed pursuant to this Part, in connection with the service. If there is more than one responsible party, they shall be jointly and severally liable.
D. 
Termination of Service for Nonpayment and Reconnection Charge.
(1) 
Inside Borough Customers.
(a) 
If a customer's water and/or sanitary sewer account has been and remains delinquent for more than 30 consecutive days, the Borough may shut off service to the property until the account is paid in full; provided, however, that no such shutoff shall take place until the customer is given written notice of the same at least 10 days before the shutoff. Such notice shall be given by one of the following methods:
1) 
United States Mail, with proof of mailing 15 days prior to the shutoff date, which proof shall have been issued by the United States Postal Service;
2) 
United States Certified Mail, return receipt requested, when the return receipt shows that it was received 10 days before the scheduled cutoff date;
3) 
By personal service; or
4) 
By regular first class United States mail, mailed at least 15 days prior to the shutoff date, and posting the property at least 10 days prior to the shutoff date.
(b) 
The service may be shut off any lime after the ten-day notice is given, provided that payment of all delinquent amounts and any scheduling fee as provided herein have not been paid in full according to this Part. Shutoffs will be scheduled 48 hours in advance. If the full delinquent amount is not paid by 48 hours in advance of the date when shutoff is authorized pursuant to the notice, a fee of $25 will be charged for scheduling the shutoff. To avoid a shutoff, when the shutoff is scheduled, the customer must pay all delinquent amounts in full in cash, money order or certified bank check to the Borough cashier or the Borough billing department must receive notice, in the normal course of business, that all delinquent amounts and fees were paid into the Borough's account and are available to the Borough. There will be a charge of $50 to reconnect a service which has been shut off for nonpayment of delinquent balance.
(2) 
Out-of-Borough Customers. All shutoffs of customers in the franchise shall be according to the procedures required by the Borough's franchise and the regulations of the Pennsylvania Public Utility Commission.
E. 
Service Escrow. If a customer's service is turned off because the account is delinquent, the service will not be turned on again until the customer posts an escrow with the Borough which the Borough may use to secure the proper payment of the customers account. The amount of the escrow shall be $250 per dwelling unit and, in the case of nonresidential accounts, an amount equal to the bills for the two months' service immediately preceding the shutoff. The customer shall maintain the escrow amount or a penalty of 10% of such amount will be assessed and the service may be shut off, pursuant to subsection (1)(D) hereof.
F. 
Collection of Delinquent Accounts. Any delinquent account may be collected, at any time, as a municipal claim and/or in any other manner authorized by law; provided, however, that the municipal claim procedure as authorized by the Municipal Claim and Tax Lien Law and all other proceedings shall be according to any applicable provisions of the Borough franchise and/or Pennsylvania Public Utility Commission regulations with respect to customers located outside of the Borough.
G. 
Attorney's Fees and Other Charges. Attorneys fees, according to the fee schedule in Chapter 18, Appendix A of this Code, shall be charged to the responsible party(ies) for the Borough Attorney's work on collection of delinquent water accounts. In addition, a responsible party shall pay the following charges and the costs and expenses incurred by the Borough in connection with collection of the delinquent account:
(1) 
Certified and/or registered mail charge: $10 per notice.
(2) 
Personal service (by either Borough staff or Constable): $30 per notice.
(3) 
Posted notice charge: $10 for each customer, plus $5 for each additional dwelling unit and/or leasehold on the service.
(4) 
Attorney referral charge (when Borough refers a delinquent account to the Borough Attorney for collection); $10.
2. 
Control of Mains. The water mains of the Borough system are under the exclusive control of the Borough. No person other than employees of the Borough shall disturb, tap, change, obstruct access to or interfere with them in any way.
3. 
Ownership of Service Pipes. The service pipe from the main, including the curb cock and curb box, is the property of the Water/Sewer Department of the Borough of Phoenixville, and the service pipe from the curb cock, excluding the curb cock and cut box, is the property of the customer and must be kept in good repair by the customer at his or her or its own expense. On notice by the Water/Sewer Department to the customer that his/her/its service line is defective, which determination is to be made by the Water/Sewer System Department, the service line shall be immediately repaired by the customer at the expense of the customer.
4. 
Uninterrupted Water Supply Not Guaranteed. It is expressly agreed and understood that the Borough authorities shall have the right, at any time, to shut off the water or decrease or increase the pressure, without notice, for the purpose of extending, replacing, repairing or cleaning mains and appurtenances or for any other purpose and the Borough of Phoenixville shall not be held liable for any damage arising therefrom. No claim shall be made against the Borough by reason of the breaking of any pipe or connections. Whenever possible, customers will be notified in advance of an interruption of water supply.
5. 
Any unpaid water service fee, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs shall be a lien on the property served, which may be collected by action in assumpsit by distress and/or by a lien filed in the nature of a municipal claim and/or by termination of services to the extent provided by law. In addition, any costs and/or attorney's fees incurred by the Borough of Phoenixville shall be added to the unpaid water service fee along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served.
6. 
Main Attachments.
A. 
After application for water has been made and the proper permits taken out, main attachments will be made by the Borough.
B. 
For furnishing and inserting brass corporation cocks into a water main of any size:
Size of Connection
(inches)
Charge
3/4
$150
1
$175
1 1/4
$190
1 1/2
$205
2
$240
C. 
For furnishing and inserting sleeve and gate valve:
Sleeve and Gate Valve
Size of Main
2-inch
3-inch
4-inch
6-inch
8-inch
4-inch
$233.50
$252.00
$299.22
6-inch
$258.84
$277.65
$330.03
$397.81
8-inch
$264.31
$293.08
$350.58
$413.25
$521.04
10-inch
$288.13
$340.17
$391.66
$459.42
$582.66
12-inch
$315.64
$344.41
$401.92
$469.69
$597.72
16-inch
$367.02
$$395.76
$430.00
$514.89
$664.81
D. 
The applicant for a main attachment shall do all necessary excavating for the service pipe to a depth of four feet or more below the established grade of the street, between the property to be supplied and the water main, to such a width and depth that the necessary fitting and tapping can be readily performed by the employees of the Borough and shall keep the trench clear of water until the attachment to the main is completed.
E. 
Replacing Driven Ferrules. Wherever a driven ferrule is encountered in the removal of a service or where it is found to be blown out or leaking, the owner of the property, at his expense, shall immediately have the ferrule removed and a corporation cock of the next larger size inserted by the Borough at the rates charged for new connections,
8. 
Quality of Service Pipes and Appurtenances. All work performed and materials used by or at the direction of any consumer in and about tapping into the Borough water system or in connection with utilization of the Borough water system, disconnecting such service or otherwise altering, servicing or repairing any facility or equipment concerned in the utilization of the Borough water system shall be done by a registered plumber in strict accordance with the specifications set forth in the American Standard National Plumbing Code of the American Society of Mechanical Engineers, copyright 1955, the provisions whereof are expressly adopted hereby as having the force of law and are hereby incorporated by reference. All work so performed and materials so used not expressly covered in said code shall be done by a registered plumber in strict accordance with such supplementary regulations as may be adopted from time to time. The administration and enforcement of this Part shall be the duty of the Borough Manager who is authorized to take such action as may be reasonably necessary to enforce these provisions.
9. 
Waste of Water. Excessive or unnecessary use or water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is prohibited. For noncompliance wills a twenty-four-hour notice from a representative of the Borough left on the premises, or served on the agent, owner or tenant, to abate the waste of water or to repair a leaky fixture or pipe, the water will be shut off and not turned on again until the waste has been stopped, the leak fixed and the charges for shutting off of the service paid.
10. 
Each Separate Property to Have Separate Connection with Main. Each separate lot or property supplied with water must generally have its own single separate service pipe connected in the most direct line with the water main.
11. 
Joint Service Pipes. Whenever a joint service pipe supplying separate properties located along a water main springs a leak of such a nature as will ordinarily require the replacement of any portion of the pipe, the joint service will be discontinued and new and separate connections shall be made immediately to the properties heretofore having the indirect connections, by and at the expense or the owner.
12. 
When Water is to be Turned On. No water shall be turned on until all water charges against the premises are paid, including water used for building permits.
13. 
No Extension to Service Shall be Made Without Permit and Plumber. Whenever an unmetered service connection exists, no person shall make any attachment or connection to it or extend any service connection or make any additions or alterations to any tap, pipe, cock or other fixtures connected with the water system unless he shall first procure a written permit from the Borough, specifying the particular additions or alterations by a regular licensed plumber, who shall make a written return on the same immediately thereafter.
14. 
Notice by Customer to Have Service Disconnected. A customer who is about to vacate any premises supplied with water by the Water/Sewer Department of the Borough of Phoenixville and who, for any reason, wishes to have service disconnected, shall give at least seven days written notice to the Water/Sewer Department and pay the termination fee. Such written notice shall specify the date on which service is to be terminated. Upon the absence of a written notice to the Water/Sewer Department of the Borough of Phoenixville, the customer shall be responsible for services rendered and all charges for the account until such time as the Borough has actual notice of the customer's intent to discontinue service.
15. 
Employees of Water Department to Have Access to Premises. Inspectors or any person authorized by the Borough shall have free access at all reasonable hours to all parts of every building for the purpose of inspecting meters, examining water fixtures and observing the manner in which water is used and shall not be interfered with in the discharge of their duties.
16. 
Vacant Premises. No allowance will be made on account of vacant premises, unless the owner or authorized agent signs a request to turn off the water and pays the sum of $25 for shutting off the water, which will be credited toward the $50 reconnection fee when reconnection is made. No credit, however, will be allowed for periods less than six months, which periods are the same as the water rent period. Wherever buildings are torn down or abandoned, the water charges shall continue in force until the service attachment is disconnected.
17. 
Consumers Not Allowed to Furnish Water. No consumer, excepting with the written consent of the Borough Manager previously obtained, will be allowed to furnish water to other persons or to suffer such other persons to take it themselves.
18. 
Water for Sprinkling to be Under Control of the Borough.
A. 
The use of water for sprinkling purposes shall be at all times subject to the express condition that the Borough may, at any time, when in the opinion of the Borough Manager the condition of the public water supply demands it, limit the time each day during which a hose may be used for sprinkling purposes, and the Borough Manager may forbid the use of water for sprinkling purposes for any period necessary.
B. 
When the Borough water supply shall be limited as hereinbefore provided, the Borough Manager shall immediately cause notice of such limitation or prohibition to be published in a daily newspaper printed in the Borough of Phoenixville, at least three times each week during the continuance of such limitation or prohibition, and any person, firm or corporation violating the mandates thereof shall be liable, on conviction thereof, to the penalty prescribed by this Part.
19. 
Use of Public Fire Hydrants.
A. 
No person shall, without a permit from the Borough Manager, use or interfere with any fire hydrant.
B. 
The Borough Manager may permit water to be used temporarily from any fire hydrant for other than domestic purposes in localities where no other supply can be obtained. This permission will not be granted unless a written application is first made to the Borough.
C. 
All water used through a fire hydrant, except that used at fires, shall be controlled by time use of a separate valve attached to the nozzle of the fire hydrant, and while the water is being used, the fire hydrant shall be opened full. All fire hydrants shall be operated only with a special fire hydrant wrench. No fire hydrant shall be used for other than fire purposes during freezing weather.
20. 
Obstructing Fire Hydrants.
A. 
No person shall obstruct the access to any fire hydrant by placing or permitting any post, tree, debris, building material or other obstruction to remain within the following specified distance of the front, sides and rear of the hydrant.
B. 
The unobstructed distance on sidewalks shall not be less than four feet on each side and to the rear of the center of the hydrant except where hydrants are placed on streets having sidewalks less than five feet in width where the clear distance to the rear will be correspondingly limited.
C. 
The unobstructed distance on roadway in front of fire hydrant shall be not less than 12 feet on each side of the center of the hydrant, which clear width shall extend to the unobstructed portion of the roadway.
D. 
Property owners shall, within 10 days after receiving notice so to do, remove any post, tree or other obstacle in violation of this regulation.
21. 
Damages to Public Fire Hydrants and Other Property.
A. 
Where damage to a fire hydrant is done by any person having a permit and taking water from said hydrant for any purposes, the holder of the permit shall pay such damage and all costs and expenses that may be incurred by reason thereof to the Borough of Phoenixville on demand.
B. 
Where damage to a fire hydrant or other property is done by a person not having a permit, he shall pay such damages and all costs and expenses that may be incurred by reason thereof to the Borough of Phoenixville on demand, and in case of failure to so pay, he shall be liable to arrest and conviction.
22. 
Street Valves. No person, except an employee of the Borough, shall open, close or in any way interfere with any valve in any water main or connect with any reservoir, standpipe, filter plant or pumping station.
23. 
Roof Tank Equipment. All roof tanks must be provided with automatic devices for completely shutting off the water supply when they are filled.
24. 
Installation of Meters.
A. 
All meters, except as otherwise expressly stated, shall strictly conform to the specifications set forth by the Borough Manager, shall be subject to his express prior approval and shall be furnished and installed by and at the expense of the consumer. If available in adequate supply, such meters may be purchased from the Borough at cost.
B. 
The size of the meter granted shall be in accordance with the estimated water consumption. If ability to furnish larger quantities of water in short periods of time is desired, then the size of the meter will be correspondingly increased, provided that the owner pays the increased cost of the larger over the small meter, as determined by the Borough. Where more than one connection is allowed for a separate lot or property, the additional meter or meters will be furnished by and at the expense of the Borough, if the estimated water consumption is sufficient to warrant the additional meter or meters, as determined by the Borough; otherwise, the property owner shall pay for such additional meter or meters.
C. 
The property owner shall bear the entire expense of the meter setting and shall provide a suitable pit or space for the placing of the meter.
D. 
Meters shall be at all times easily accessible, so that they may be examined and read by employees of the Borough and must not be exposed to danger from frost or hot water.
E. 
The Borough shall have complete control over the placing of meters and shall determine their definite location before they are set. Where the front of the building stands on the street property line, the meter will generally be placed just inside the front cellar wall. The service pipe between its entrance through the front wall of the building and the meter shall be exposed to view and have no fittings such as tees or crosses that will permit a connection with a service line. Where the front of the building stands back of the street property line, the meter shall be placed in a pit, either on the sidewalk or just inside the property line.
F. 
Meter pits shall be constructed of concrete or other masonry and covered with a steel, iron or reinforced concrete cover of sufficient strength to withstand the traffic over the same. A hinged steel door shall be placed in the pit cover over the meter for easy access for the removal and reading of the meter. All meter pits shall be drained to keep them free from water, and the property owner shall keep all foreign material out of the pit. The covers and doors of meter pits shall be of sufficient strength as determined by the Borough standards.
G. 
The least dimensions, in inches, of meter pits shall be as follows:
H. 
The same amount of room provided for in meter pits shall be provided for in other meter locations by the property owner, except that the minimum distance on one side only, between the center line of meters and the side of walls or other structure, shall be:
(1) 
4 1/2 inches for 3/4 inch meters.
(2) 
Five inches for one-inch meters.
(3) 
5 3/4 inches for 1 1/4 inch meters.
(4) 
6 1/2 inches for 1 1/2 inch meters.
(5) 
7 1/2 inches for two-inch meters.
(6) 
Nine inches for three-inch meters.
(7) 
12 1/2 inches for four-inch meters.
(8) 
16 1/4 inches for six-inch meters.
(9) 
Twenty inches for eight-inch meters.
I. 
This encroachment of space between the meter and wall or other structure shall be provided for or made up on the other side of the meter.
J. 
Meter boxes for small sizes of meters may be used when approved by the Borough.
K. 
All meters will be sealed by the Borough, and no one except an authorized employee of the Borough shall break or injure such seals or shall change the location of, alter or interfere in any way with the meter.
25. 
Auxiliary Meters Not to be Provided or Maintained by the Borough. The supply of water through each separate metered service must be recorded by one meter only, for which only one account will be rendered by the Borough. If additional or auxiliary meters are desired for recording the subdivisions of such supply, they must be furnished and set by the owner or consumer at his expense and he must assume all responsibility of reading and maintaining the same.
26. 
Total Metered Consumption to be Additive. In cases where more than one meter is necessary to record the total consumption of that industry, the meter readings of the separate meters shall be added together and the cost of water consumed shall be based on this total, the same as though it had been recorded on one master meter.
27. 
Property Owners Responsible for Meters. If meters owned by the Borough should be damaged by reason of freezing, hot water or causes other than ordinary wear and tear or if meters are stolen or are destroyed by fire or other causes, the property owner must pay for such damages or loss. The cost of ordinary maintenance and repairs to all but auxiliary meters will be borne by the Borough.
28. 
Testing of Meters. At the written request of the owner or customer at any premises, the Borough will test the meter supplying his premises. Before the meter is disconnected, the owner or consumer shall pay the Borough the charges established by subsection (29) hereof and the Borough's cost for having the meter tested, which charges and cost will be returned to the owner or consumer, whichever paid them, if the meter is found to be registered more than 3% against the consumer, on a flow equal to 1/8 of the diameter of the service line; otherwise, the payment for said charges and costs will be retained by the Borough. The result of any such meter test will be reported to the owner or consumer, whichever requested the test.
29. 
Charge for Removing and Resetting Meters.
A. 
In addition to the Borough's cost for having the meter tested, a removal charge and a resetting charge shall be paid by the owner of or consumer at the premises before any meter serving the premises is disconnected and/or removed. Both these charges shall be established, from time to time, by Borough Council resolution.
B. 
Where a meter is to be removed and/or reset in locations not having standard setting or fittings or which do not conform to the requirements of this Code, the work, at the Borough's option, shall be done by the owner of the premises, at the owner's expense, under the supervision and subject to the approval of the Borough Manager.
30. 
Property Owner or Consumer to Notify Borough in Case of Breakage or Stoppage of Meter. In case of breakage, stoppage or any other irregularity in the meter, the owner or consumer is to notify the Borough, in writing, immediately and any necessary repairs will be made by the Borough as herein provided.
31. 
No Allowance to be Made for Leaks or Waste on Metered Consumption. All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.
32. 
Estimated Meter Bills. If the testing of a meter shows that it fails to register correctly, the charge to the consumer for water may be made upon the basis of any previous or subsequent consumption, which may appear to the Borough Manager to be an equitable adjustment of the probable quantity of water consumed.
33. 
When Bills will be Forwarded to Other Address than Premises Supplied. Written notice must be given by the owner or authorized agent if it is desired that bills be forwarded to any other address than the premises supplied.
34. 
Private Fire Systems. No person, firm or corporation having a private fire sprinkler system installed in his, her or their property shall connect said system with the water service of said structure or in any manner, directly or indirectly, use the water of said sprinkler system for general uses and purposes on said premises or for any process of manufacturing, industry or business conducted therein, except in strict accordance with the regulations herein adopted and only with the express prior approval of the Borough Manager.
35. 
Property Owners to Conform to Regulations. Upon notice, in writing, left upon any premises supplied with water, it shall be the duty of the property owner to immediately install pipes and appurtenances and otherwise comply with any and all of the foregoing provisions of this Part within the specified time limit of within 20 days from the date of the notice where no time limit is specifically stated in this Part.
36. 
Refusal to Service Customers. The Water/Sewer Department of the Borough of Phoenixville may decline to serve a customer for the following reasons:
A. 
Noncompliance with the Rules and Regulations. The Water/Sewer Department may decline to serve a customer until the customer complies with Water/Sewer Department regulations governing water service.
B. 
Inadequate Facilities of the Water/Sewer Department. The Water/Sewer Department may decline to serve a customer if the Borough does not have adequate facilities to provide the water utility service or if such service is of a character that is likely to have a detrimental effect upon service to other customers.
C. 
Inadequate Facilities of the Consumer. The Borough of Phoenixville may refuse to serve or continue to serve a customer if, in the judgment of the Water/Sewer Department, the installation of the customers piping can reasonably he regarded as hazardous or of such character that satisfactory service cannot be given.

§ 26-310 Violations and Penalties.

[Ord. 5/29/1931, § 6; as amended by Ord. 1026, 5/3/1966; by Ord. 1230, 8/10/1976, § 2; by Ord. 1607, 11/14/1989, § 4; and by A.O.]
Any person, firm or corporation who or which shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day that a violation of any provision of this Part shall continue shall constitute a separate violation for which a separate penalty may be assessed.

§ 26-311 Applicability of Rules and Regulations.

[Ord. 5/29/1931; as amended by Ord. 1077, 10/15/1968, §§ 5-10; by Ord. 1136, 3/9/1971, § 2; by Ord. 1470, 6/14/1983, § 4; and by A.O.]
1. 
§ 26-309(6), (7) and (8) shall apply only within the boundaries of the Borough of Phoenixville. Outside the Borough of Phoenixville, the customer, by requesting and accepting service, warrants that any work done on the water system of the customer will be in strict compliance with the American Standard National Plumbing Code of the American Society of Mechanical Engineers, copyright 1955, and that no pipes on the property shall be cross-connected with a well or any other water source.
2. 
§ 26-309(11), (12) and (14), with the exception of the last paragraph of subsection (14), shall apply only within the boundaries of the Borough of Phoenixville.
3. 
§ 26-309(16), as written, applies only within the boundaries of the Borough of Phoenixville. Outside of the Borough of Phoenixville, the Water Department shall be notified in writing at least three days before the premises will be vacant on the date service is to be discontinued. However, no credit will be allowed for period of less than two months.
4. 
§ 26-309(20) and the penalty portion of subsection (18) shall apply only within the boundaries of the Borough of Phoenixville.
5. 
§ 26-309(24), (27), (28) and (29) shall apply only within the boundaries of the Borough of Phoenixville. Outside the Borough of Phoenixville, the following regulations shall apply: Meters shall be furnished and installed by the Water Department and shall be accessible to and subject to its control. The Water Department reserves the right to determine the size and location of the meter, The meter shall be set after the customer has had the plumbing arranged to receive the meter at a convenient point approved by the Water Department so as to control the entire supply and a proper place for and protection of the meter shall be provided by the applicant. In cases where it is not practical to place the meter within a building, an approved meter box or concrete pit shall be built inside the property line by the customer. The size and dimensions of the box or pit shall be approved by the Water Department, give adequate access to the meter and permit its installation or removal. A wheel handle round-way stopcock or gate valve shall be placed by the customer on the service line directly in front of the meter and a stop-and-waste cock or valve on the outlet side of the meter. A suitable check valve should be placed by the customer between the stop-and-waste cock or valve and the meter. When a check valve is installed, a safety valve shall be inserted at some convenient point on the house piping to relieve excess pressure due to heating water. Meters will be maintained by the Water Department so far as ordinary wear and tear are concerned, but damage due to freezing, hot water or external causes due to negligence of the customer shall be paid by the customer. The charge for the reinstallation or changing of a meter when removed because of damage in any way due to the negligence of customer shall be $2 for meters one-inch in diameter and smaller and $4 per inch in diameter or fraction thereof for meters larger than one-inch, which charge shall include testing of the repaired meter. Every meter is installed subject to a fixed minimum quarterly charge in accordance with the rates thereof, for which certain quantities of water are allowed without additional charge. Such minimum shall be nonabatable for nonuse of water and noncumulative against subsequent consumption. In the case of fractional bills, covering less than a quarter, minimum charges and allowance shall be prorated. The customer shall immediately notify the Water Department of injury to or the nonworking of the meter, as soon as it comes to his knowledge. The quantity recorded by the meter shall be conclusive on both the customer and the Water Department, except when the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order. In case of a disputed account involving the accuracy of a meter, such meter shall be tested upon the request of the customer in conformity with the provisions of the rules and regulations pertaining to Water Service Utilities of the Pennsylvania Public Utilities Commission. In the event that the meter so tested is found to have an error in registration of 4% or more, the bills will be so increased or decreased accordingly, as provided by the aforesaid rules. When meters are removed after installation, at the request of the customer, for testing, the following rules of the Public Utility Commission will apply:
A. 
Each utility shall, upon a written request of a consumer and if he so desires, in his presence or that of his authorized representative, make a test of the accuracy of his meter.
B. 
When a consumer desires, either personally or through a representative, to witness the testing of a meter, he may require the meter to be sealed in his presence before removal, which seal shall not be broken until the test is made in his presence. If the meter so tested shall be found to be accurate within the limits herein specified, a fee determined from the schedule indicated below shall be paid to the utility by the consumer requiring such test, but if not so found, then the cost thereof shall be borne by the utility furnishing the service.
C. 
When making such request, the consumer shall agree to the basis of payment herein specified.
D. 
A report of such test shall be made to the consumer and a complete record of such test shall be kept as specified in Rule 6. The amount of the fee shall be $2 for each water service meter having an outlet not exceeding one-inch. For other water service meters having an outlet not exceeding two inches, the test fee shall be $5.
E. 
Rates for testing meters not included in the above classifications shall be in accordance with provisions of the Pennsylvania Public Utility Commission Water Regulations.
F. 
§ 26-310 of this Part shall apply only inside the boundaries of the Borough of Phoenixville.
G. 
Any conflict pertaining to water service by the Borough outside the Borough limits between the ordinances of the Borough of Phoenixville and the Borough's current Pennsylvania Public Utility Commission Water Tariff shall be resolved in favor of such tariff,